ROOP KISHORE AGARWAL Vs. KESARI MAL

JUDGEMENT

(1.) THE defendants have preferred this second appeal which arises out of a suit for recovery of damages on account of breach of contract.

(2.) BRIEFLY speaking, the case of the plaintiff is that he carried on trade in silver and gold Mohars through the agency of the defendants and he proposed to sell 2800 gold Mohars through the defendants on Baisakh Sudi 5, Smt. 2001 Vaida. By a telegram, dated Baisakh Sudi 4, he accordingly asked the defendants to purchase 2000 Mohars of gold on the basis of that contract; but the defendants negligently and dishonestly did not carry out the transaction until Baisakh Sudi 6, by which time the price of gold had considerably gone up and thereby the plaintiff incurred a loss of Rs. 1278/2/- which he sued to recover by way of damages. The measure of damages was the difference in the price of gold Mohars which prevailed on Baisakh Sudi 4 and that which prevailed on Baisakh Sudi 6, on which the gold Mohars in question were purchased by the defendants. The defendants in their written statement denied that there was any negligence or dishonesty on their part with reference to the transaction in question. They alleged that the telegram which is alleged to have been sent by the plaintiff on Baisakh Sudi 4, Smt. 2001 was actually received by them on Baisakh Sudi 5 at a rime when the market was about to close and they could not, therefore, carry out the transaction until the following day i. e. , on Baisakh Sudi 6. They also submitted that in the telegram, there was no time limit mentioned, nor was any price specified by the plaintiff and, therefore, they were within their rights to execute the transaction on the 6th and no breach of contract was committed by them so as to make them liable for damages. They also pleaded that the plaintiff had ratified the transaction and was not entitled to recover anything on that account. The courts below have decreed the plaintiff's suit and hence this appeal.